Dagan’s theory of property provides a novel way to make sense of the puzzle of incorporating diversity within uniformity of property rights, but his approach fails to capture the deep pluralism of property.
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In this post, we specifically consider liberal defenses of private property in the “means of production”. This focus allows us to put the liberal defense of private property into dialogue with Marxism, with which it shares a broad humanistic heritage and many particular normative framings. Our focus also connects liberal property theory with a. . .
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“I believe law school can be a place where people get “ways of being” training as much as doctrinal training. I envision legal education that prepares people to do the lawyering that honors the continuation of life on Earth.”
—Abby Reyes
Once we recognize (yet again) that price making cannot be understood in neutral, functionalist terms, efforts to design new markets become impossible to separate from politics and political economy. Viewed in this way, prices are not simply signals or pieces of information that emerge from markets, but also objects of struggle—an insight that one can. . .
Mari Matsuda is a central scholar within the critical traditions of legal scholarship: in particular Critical Legal Studies, Critical Race Theory, and feminist legal theory. Amna Akbar sat down with her virtually, on December 3, 2020, to ask some questions about her insights on where we are today, where we have been, and where we might go. Today’s part. . .
Mari Matsuda is a central scholar within the critical traditions of legal scholarship: in particular Critical Legal Studies, Critical Race Theory, and feminist legal theory. Amna Akbar sat down with her virtually, on December 3, 2020, to ask some questions about her insights on where we are today, where we have been, and where we might go. Today’s part. . .
Aaaaaand we’re back! As the crises deepen, we’re doing our best to maintain our rigorous focus on the deep causes and what we can do about them. First things first: we have some new editors! Derrick Rice is a 3L at Yale Law School and a co-founder of the LPE student group. At the Blog,…
This year the Supreme Court will hear Cedar Points Nursery v. Hassid, a case out of California which challenges a forty-five-year-old farm labor regulation. The petitioners are alleging that this regulation, which grants farm labor unions a limited right of access to an employer’s property, is unconstitutional on the grounds that it amounts to the government. . .
The staggeringly disproportionate ravages of the COVID-19 pandemic among people of color, juxtaposed with the summer’s wave of protest against police violence against Black people in the United States, make clear that population health is bound up with existing patterns of social subordination. This reality transcends presidencies and pandemics—even in. . .
The exact trajectory predictive legal analytics will take in the coming years is really anyone’s guess, but we can be fairly sure that the discourse of cost cutting and increased rationality via technology will be coming for the legal system, piece by piece. As such, it is worthwhile for left legal theory to take legal futurism, and even the idea of. . .
The Bristol Rent Strike, which now has over 1900 students pledging to withhold rent, is one of the many ongoing student strikes across the UK. Over the past few months, students at roughly 20 universities including Manchester, Oxford, and Cambridge have organized mass rent strikes, demanding overall reductions in rent, no-penalty contract releases, and. . .
No new posts, but prepare for the new year by checking out what we did last year! And a new video on the Race and Property in Historical Perspective Series
As the final post in our series of roundups at the end of 2020, here are the final two editors’ picks.
Day One of Editors’ favorite posts from the year.
A list of everything we published this year.